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(영문) 의정부지방법원 2015.01.29 2014고정2626

폐기물관리법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

No person shall, in treating wastes, dispose of wastes in any place other than a place or facility prepared by the competent administrative agency or the manager of such facility to collect wastes, and shall reclaim or incinerate wastes in a place other than a waste treatment facility permitted, approved, or reported.

Nevertheless, around October 201, the Defendant: (a) dumped into one parcel, other than Gyeonggi-gun C and one parcel, which is not a designated site, 45 designated wastes, which were generated after removing a house; and (b) buried waste 5.87 tons of waste, such as waste concrete and disposal, without obtaining permission or obtaining approval from the competent authority or filing a report with the competent authority on October 201; and (c) buried waste 5.87 tons of waste, such as waste concrete and disposal, into the land.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the criminal branch report, the actual investigation report, and the statement of business trip surrender;

1. Article 63 Subparag. 1, Article 8(1) of the former Wastes Control Act (amended by Act No. 11914, Jul. 16, 2013; hereinafter “Act”), Articles 63, 63, and 8(2) of the Act on the Punishment, etc. of Specific Crimes (amended by Act No. 11914, Jul. 16, 201); the selection of fines, etc.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;